A-96411, JULY 18, 1938, 18 COMP. GEN. 59

A-96411: Jul 18, 1938

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UNLESS SUCH OFFICER OR EMPLOYEE IS A CITIZEN OF THE UNITED STATES. " BEING SPECIFICALLY LIMITED TO OFFICERS AND EMPLOYEES "WHOSE POST OF DUTY IS IN THE CONTINENTAL UNITED STATES. NEED NOT BE FURNISHED IN CASE OF PAYMENTS OF PERSONNEL WHOSE POSTS OF DUTY ARE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES. PERSONNEL EMPLOYED AND PAID FROM A JOINT FUND TO WHICH CONTRIBUTIONS ARE MADE BY MORE THAN ONE COUNTRY. INVOLVING AN UNDERTAKING COMMON TO MORE THAN ONE GOVERNMENT OF WHICH THE UNITED STATES GOVERNMENT IS ONLY ONE. ARE NOT OFFICERS OR EMPLOYEES OF THE "GOVERNMENT OF THE UNITED STATES" WITHIN THE MEANING OF THE PROHIBITION IN THE APPROPRIATION ACT FOR THE DEPARTMENT OF STATE FOR THE FISCAL YEAR 1939.

A-96411, JULY 18, 1938, 18 COMP. GEN. 59

APPROPRIATIONS - LIMITATIONS - EMPLOYEE CITIZENSHIP REQUIREMENTS - APPLICABILITY TO PERSONNEL OUTSIDE CONTINENTAL UNITED STATES AND PERSONNEL PAID FROM INTERNATIONAL FUNDS THE PROHIBITION IN THE APPROPRIATION ACT FOR THE DEPARTMENT OF STATE FOR THE FISCAL YEAR 1939, 52 STAT. 289, AND OTHER APPROPRIATION ACTS, AGAINST THE USE OF THE FUNDS APPROPRIATED BY THE SAID ACTS TO PAY "THE COMPENSATION OF ANY OFFICER OR EMPLOYEE OF THE GOVERNMENT OF THE UNITED STATES, * * *, UNLESS SUCH OFFICER OR EMPLOYEE IS A CITIZEN OF THE UNITED STATES, * * *," BEING SPECIFICALLY LIMITED TO OFFICERS AND EMPLOYEES "WHOSE POST OF DUTY IS IN THE CONTINENTAL UNITED STATES," THE CERTIFICATE SHOWING COMPLIANCE WITH THE STATUTORY RESTRICTION, REQUIRED BY CIRCULAR OF THIS OFFICE DATED JUNE 27, 1938, A-94386 AND A-95291, NEED NOT BE FURNISHED IN CASE OF PAYMENTS OF PERSONNEL WHOSE POSTS OF DUTY ARE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, INCLUDING THE PERSONNEL OF THE FOREIGN SERVICE. PERSONNEL EMPLOYED AND PAID FROM A JOINT FUND TO WHICH CONTRIBUTIONS ARE MADE BY MORE THAN ONE COUNTRY, PROVIDED TO CARRY OUT INTERNATIONAL AGREEMENTS, TREATIES, ETC., INVOLVING AN UNDERTAKING COMMON TO MORE THAN ONE GOVERNMENT OF WHICH THE UNITED STATES GOVERNMENT IS ONLY ONE, ARE NOT OFFICERS OR EMPLOYEES OF THE "GOVERNMENT OF THE UNITED STATES" WITHIN THE MEANING OF THE PROHIBITION IN THE APPROPRIATION ACT FOR THE DEPARTMENT OF STATE FOR THE FISCAL YEAR 1939, 52 STAT. 289, AGAINST THE USE OF THE FUNDS APPROPRIATED THEREBY TO PAY "THE COMPENSATION OF ANY OFFICER OR EMPLOYEE OF THE GOVERNMENT OF THE UNITED STATES, * * *, UNLESS SUCH OFFICER OR EMPLOYEE IS A CITIZEN OF THE UNITED STATES.'

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF STATE, JULY 18, 1938:

YOUR LETTER OF JULY 11, 1938, IS AS FOLLOWS:

REFERENCE IS MADE TO YOUR DECISION A-94386--- A-95291 OF JUNE 27, 1938. SECTION 3 OF THE APPROPRIATION ACT FOR THE DEPARTMENT OF STATE FOR THE FISCAL YEAR 1939 PROVIDES IN PART THAT: "NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT OR AUTHORIZED HEREBY TO BE EXPENDED SHALL BE USED TO PAY THE COMPENSATION OF ANY OFFICER OR EMPLOYEE OF THE GOVERNMENT OF THE UNITED STATES, OR OF ANY AGENCY THE MAJORITY OF THE STOCK OF WHICH IS OWNED BY THE GOVERNMENT OF THE UNITED STATES, WHOSE POST OF DUTY IS IN THE CONTINENTAL UNITED STATES UNLESS SUCH OFFICER OR EMPLOYEE IS A CITIZEN OF THE UNITED STATES OR A PERSON IN THE SERVICE OF THE UNITED STATES ON THE DATE OF THE APPROVAL OF THIS ACT WHO BEING ELIGIBLE FOR CITIZENSHIP HAS FILED A DECLARATION OF INTENTION TO BECOME A CITIZEN OR WHO OWES ALLEGIANCE TO THE UNITED STATES: * * *.'

FOR THE PURPOSE OF COMPLIANCE WITH THIS SECTION YOUR DECISION IS REQUESTED AS TO WHETHER THE CERTIFICATION REQUIRED AS EVIDENCE OF COMPLIANCE WITH THE STATUTE INVOLVED MAY BE WAIVED WITH RESPECT TO THE PERSONNEL OF THE FOREIGN SERVICE WHOSE POSTS OF DUTY ARE OUTSIDE THE CONTINENTAL UNITED STATES. INQUIRY IS ALSO MADE WITH RESPECT TO THE APPROPRIATIONS MADE AVAILABLE FOR THE INTERNATIONAL BOUNDARY COMMISSION, THE INTERNATIONAL PACIFIC SALMON FISHERIES COMMISSION, AND THE INTERNATIONAL FISHERIES COMMISSION AND SIMILAR APPROPRIATIONS PROVIDING FOR THE PAYMENT OF THE SHARE OF THE UNITED STATES OF THE EXPENSES INCURRED UNDER INTERNATIONAL AGREEMENTS, WHETHER THE DEPARTMENT IS CORRECT IN ITS ASSUMPTION THAT NO OBJECTION WILL BE INTERPOSED OR CERTIFICATE REQUIRED AS RESPECTS SUCH PAYMENTS WHICH MAY INCLUDE SALARY PAYMENTS TO OTHER THAN AMERICANS, EMPLOYEES OF THE GOVERNMENT WITH WHICH THE AGREEMENT HAS PREVIOUSLY BEEN CONCLUDED.

YOUR EARLY DECISION WILL BE APPRECIATED AND I HOPE THAT YOU WILL IN THE CIRCUMSTANCES FIND IT PRACTICABLE TO CONFIRM THE DEPARTMENT'S UNDERSTANDING AND CONTINUE TO APPROVE REIMBURSEMENT OF THE SHARE OF THE UNITED STATES OF THE EXPENSES INCURRED INCIDENT TO FULFILLMENT OF THE SEVERAL CONVENTIONS WHICH CONSTITUTE INTERNATIONAL OBLIGATIONS AS HERETOFORE WITHOUT CHANGE.

THE APPROPRIATION RESTRICTION REGARDING CITIZENSHIP QUOTED IN YOUR LETTER AND THAT APPEARING IN OTHER APPROPRIATION ACTS ARE SPECIFICALLY LIMITED TO OFFICERS OR EMPLOYEES "WHOSE POST OF DUTY IS IN THE CONTINENTAL UNITED STATES.' HENCE, THE CERTIFICATE SHOWING COMPLIANCE WITH THE STATUTORY RESTRICTION REQUIRED BY CIRCULAR OF THIS OFFICE DATED JUNE 27, 1938, A- 94386 AND A-95291, MAY BE OMITTED FROM PAY ROLLS, PAY VOUCHERS, AND PAY CLAIMS SUBMITTED FOR PAYMENT OF COMPENSATION OR WAGES UNDER APPROPRIATIONS TO WHICH THE RESTRICTION IS APPLICABLE IF THE POSTS OF DUTY OF ALL OF THE OFFICERS AND EMPLOYEES WHOSE NAMES APPEAR ON SUCH ROLLS, VOUCHERS, OR CLAIMS ARE OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES, INCLUDING THE PERSONNEL OF THE FOREIGN SERVICE.

PERSONNEL EMPLOYED AND PAID FROM A JOINT FUND TO WHICH CONTRIBUTIONS ARE MADE BY MORE THAN ONE COUNTRY, PROVIDED TO CARRY OUT INTERNATIONAL AGREEMENTS, TREATIES, ETC., INVOLVING AN UNDERTAKING COMMON TO MORE THAN ONE GOVERNMENT OF WHICH THE UNITED STATES GOVERNMENT IS ONLY ONE, ARE NOT TO BE REGARDED AS OFFICERS OR EMPLOYEES OF THE "GOVERNMENT OF THE UNITED STATES," WITHIN THE MEANING OF THE STATUTORY RESTRICTION IN QUESTION. COMP. GEN. 69; ID. 112. THE INTERNATIONAL NATURE OF THE FUNCTIONS REQUIRED TO BE CARRIED OUT IMPELS THE CONCLUSION THAT THE CONGRESS DID NOT INTEND THAT SUCH OFFICERS OR EMPLOYEES MUST BE CITIZENS OF THE UNITED STATES. ACCORDINGLY, THE DEPARTMENT IS CORRECT IN ITS ASSUMPTION THAT NO OBJECTION WILL BE INTERPOSED BY THIS OFFICE OR CERTIFICATE REQUIRED AS RESPECTS PAYMENTS OF THE SHARE OF THE UNITED STATES CONTRIBUTED TOWARD THE JOINT EXPENSES INCURRED UNDER INTERNATIONAL AGREEMENTS WHICH MAY INCLUDE SALARY PAYMENTS TO OTHERS THAN CITIZENS OF THE UNITED STATES.